Help : Filing I-485 for Spouse - Does PD retrogression matter?

S

solicit

Registered Users (C)
Gurus,

My I-485 ( EB3) has been filed at VSC with a receipt date of Mar 2002 and my priority date is March 2000. ( Non concurrent; I-140 approved). I am currently on my 8th year H1B. I got married recently and my spouse just got in to the country on H4.

Now that the PDs have retrogressed to Oct '98, would it be possible to file the I-485 for my spouse now , since the principal applicant's I-485 is already on file.? I understand that the approval won't happen without a current PD, but earnestly wish that I be able to file her I-485, so that I don't have to maintain 1 year H1B status anymore just to keep her on H4 status. Is that a possibility?

Please share your thoughts and other options which I might have..

Thanks,
-solicit
 
Thanks FLexLM for your response and link. That confirms my worst fears..

If anyone is in a similar dilemma, or has been able to file their spouse's I-485 subsequent to PD retrogression, please share your thoughts and views. I fear it would be extremely difficult for me to maintain my H1 status on to another year ( 9th year), due to changes at my workplace.

-solicit
 
Wrong timing

What happened to you is not so terribly bad compared to what could have:

1) If your 485 was already approved before your marriage it should have been even worse, in that case your wife could not even have entered US. It would fall into family petition and there the waiting lists are even longer.

2) Having an approved 140, why do you say your H1 can't be extended for more period? Make your employer apply for your H1 extension for 3 more years (yes its possible for your case I think) in one shot, if required, by paying the fees yourself.

3) If it does not work out, your wife can't be with you in the interim period of PD becoming current. For 2000, you should not have a big problem to get them current even in EB-3 category. In the meantime you can use AP to travel to India or stay in India if she can not come to US.

4) Soon as her PD becomes current, she can apply for consular processing (as she is not in US) and get directly by GC into the US.. This is assuming that option(2) does not work out for you. If it does, then she can file for 485 itself within the US.

The main thing is -- your marriage happened before 485 approval... which is the most important for her to get GC by your PD. If otherwise, it would have been far worse, as it falls into a family based petition.

You took so much of a chance already, you should somehow make the option 2 work if you want your wife to be with you in US for the next few months..
 
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